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==Laws== Hate crime laws generally fall into one of several categories: # laws defining specific bias-motivated acts as distinct crimes; # criminal [[aggravation (law)|penalty-enhancement laws]]; # laws creating a distinct civil cause of action for hate crimes; and # laws requiring administrative agencies to collect hate crime statistics.<ref name="human">{{cite Q|Q104631957}}<!-- Everyday Fears: A Survey of Violent Hate Crimes in Europe and North America-->.</ref> Sometimes (as in [[Bosnia and Herzegovina]]), the laws focus on [[war crimes]], [[genocide]], and [[crimes against humanity]] with the prohibition against discriminatory action limited to public officials. ===Europe and Asia=== ====Council of Europe==== Since 2006, with the [[Additional Protocol to the Convention on Cybercrime]], most signatories to [[Convention on Cybercrime|that Convention]] – mostly members of the [[Council of Europe]] – committed to punish as a crime racist and xenophobic [[hate speech]] done through the [[internet]]. <ref>{{cite web |title=Full list - Treaty Office - www.coe.int |url=https://www.coe.int/en/web/conventions/full-list?module=signatures-by-treaty&treatynum=189 |website=Treaty Office}}</ref> ====Andorra==== Discriminatory acts constituting harassment or infringement of a person's dignity on the basis of origin, citizenship, race, religion, or gender (Penal Code Article 313). Courts have cited bias-based motivation in delivering sentences, but there is no explicit penalty enhancement provision in the Criminal Code. The government does not track hate crime statistics, although they are relatively rare.<ref name="human" /> ====Armenia==== [[Armenia]] has a penalty-enhancement statute for crimes with ethnic, racial, or religious motives (Criminal Code Article 63).<ref name="human" /> ====Austria==== [[Austria]] has a penalty-enhancement statute for reasons like repeating a crime, being especially cruel, using others' helpless states, playing a leading role in a crime, or committing a crime with racist, xenophobic or especially reprehensible motivation (Penal Code section 33(5)).<ref>[http://www.jusline.at/33_Besondere_Erschwerungsgr%C3%BCnde_StGB.html § 33 StGB Besondere Erschwerungsgründe], StGB, accessed 15 February 2015.</ref> Austria is a party to the Convention on Cybercrime, but not the Additional Protocol. ====Azerbaijan==== [[Azerbaijan]] has a penalty-enhancement statute for crimes motivated by racial, national, or religious hatred (Criminal Code Article 61). Murder and infliction of serious bodily injury motivated by racial, religious, national, or ethnic intolerance are distinct crimes (Article 111).<ref name="human" /> Azerbaijan is a party to the Convention on Cybercrime, but not the Additional Protocol. ====Belarus==== [[Belarus]] has a penalty-enhancement statute for crimes motivated by racial, national, and religious hatred and discord.<ref name="human" /><ref>[http://www.pravo.by/webnpa/text.asp?RN=HK9900275 Criminal Code of the Republic of Belarus, § 64 (1), para. 9 (translated from the Russian)] {{Webarchive|url=https://web.archive.org/web/20110907091126/http://www.pravo.by/WEBNPA/text.asp?RN=hk9900275 |date=2011-09-07 }}, 9 June 1999.</ref> ====Belgium==== [[Belgium]]'s Act of 25 February 2003 ("aimed at combating discrimination and modifying the Act of 15 February 1993 which establishes the [[Centre for Equal Opportunities and Opposition to Racism|Centre for Equal Opportunities and the Fight against Racism]]") establishes a penalty-enhancement for crimes involving discrimination on the basis of gender, supposed race, color, descent, national or ethnic origin, sexual orientation, civil status, birth, fortune, age, religious or philosophical beliefs, current or future state of health and handicap or physical features. The Act also "provides for a civil remedy to address discrimination."<ref name="human" /> The Act, along with the Act of 20 January 2003 ("on strengthening legislation against racism"), requires the centre to collect and publish statistical data on racism and discriminatory crimes.<ref name="human" /> Belgium is a party to the Convention on Cybercrime, but not the Additional Protocol. ====Bosnia and Herzegovina==== The Criminal Code of [[Bosnia and Herzegovina]] (enacted 2003) "contains provisions prohibiting discrimination by public officials on grounds, inter alia, of race, skin colour, national or ethnic background, religion and language and prohibiting the restriction by public officials of the language rights of the citizens in their relations with the authorities (Article 145/1 and 145/2)."<ref>Office of the High Representative, [http://www.ohr.int/decisions/judicialrdec/doc/HiRep-dec-101-law-crim-code-bih.doc Criminal Code of Bosnia and Herzegovina], January 2003.</ref> ====Bulgaria==== [[Bulgaria]]n criminal law prohibits certain crimes motivated by racism, [[xenophobia]] and sexual orientation (since 2023), but a 1999 report by the [[European Commission against Racism and Intolerance]] found that it does not appear that those provisions "have ever resulted in convictions before the courts in Bulgaria."<ref>ECRI, "Second Report on Bulgaria", adopted on 18 June 1999, and made public on 21 March 2000.</ref> ====Croatia==== The [[Croatia]]n Penal Code explicitly defines hate crime in article 89 as "any crime committed out of hatred for someone's race, skin color, sex, sexual orientation, language, religion, political or other belief, national or social background, asset, birth, education, social condition, age, health condition or other attribute".<ref>{{cite web|url=http://narodne-novine.nn.hr/clanci/sluzbeni/2006_06_71_1706.html |title=71 28.6.2006 Zakon o izmjenama i dopunama Kaznenog zakona |publisher=Narodne-novine.nn.hr |date=28 June 2006 |access-date=14 November 2011}}</ref> On 1 January 2013, a new Penal Code was introduced with the recognition of a hate crime based on "race, skin color, religion, national or ethnic background, sexual orientation or gender identity".<ref>{{cite web |url=http://www.ravnopravnost.hr/web/184/ |title=Centar za LGBT ravnopravnost » Vlada prihvatila prijedloge Centra za LGBT ravnopravnost |publisher=Ravnopravnost.hr |access-date=14 November 2011 |url-status=dead |archive-url=https://web.archive.org/web/20120331011308/http://www.ravnopravnost.hr/web/184/ |archive-date=31 March 2012 }}</ref> ====Czech Republic==== The Czech legislation finds its constitutional basis in the principles of equality and non-discrimination contained in the Charter of Fundamental Rights and Basic Freedoms. From there, we can trace two basic lines of protection against hate-motivated incidents: one passes through criminal law, the other through civil law. The current Czech criminal legislation has implications both for decisions about guilt (affecting the decision whether to find a defendant guilty or not guilty) and decisions concerning sentencing (affecting the extent of the punishment imposed). It has three levels, to wit: * a '''circumstance determining whether an act is a crime''' – hate motivation is included in the basic constituent elements. If hate motivation is not proven, a conviction for a hate crime is not possible. * a '''circumstance determining the imposition of a higher penalty''' – hate motivation is included in the qualified constituent elements for some types of crimes (murder, bodily harm). If hate motivation is not proven, the penalty is imposed according to the scale specified for the basic constituent elements of the crime. * '''general aggravating circumstance''' – the court is obligated to take the hate motivation into account as a general aggravating circumstance and determines the amount of penalty to impose. Nevertheless, it is not possible to add together a general aggravating circumstance and a circumstance determining the imposition of a higher penalty. (see Annex for details) Current criminal legislation does not provide for special penalties for acts that target another by reason of his sexual orientation, age or health status. Only the constituent elements of the criminal offence of Incitement to hatred towards a group of persons or to the curtailment of their rights and freedoms and general aggravating circumstances include attacking a so-called different group of people. Such a group of people can then, of course, be also defined by sexual orientation, age or health status. A certain disparity has thus been created between, on the one hand, those groups of people who are victimized by reason of their skin color, faith, nationality, ethnicity or political persuasion and enjoy increased protection, and, on the other hand, those groups that are victimized by reason of their sexual orientation, age or health status and are not granted increased protection. This gap in protection against attacks motivated by the victim's sexual orientation, age or health status cannot be successfully bridged by interpretation. Interpretation by analogy is inadmissible in criminal law, sanctionable motivations being exhaustively enumerated.<ref>{{cite web |url=http://www.in-ius.cz/dwn/zprava-o-nzn2011/report-web.pdf |title=Zpráva o násilí z nenávisti v České republice za rok 2011 |access-date=11 November 2012 |archive-date=11 February 2014 |archive-url=https://web.archive.org/web/20140211152949/http://www.in-ius.cz/dwn/zprava-o-nzn2011/report-web.pdf |url-status=dead }}</ref> ====Denmark==== Although [[Denmark|Danish]] law does not include explicit hate crime provisions, "section 80(1) of the Criminal Code instructs courts to take into account the gravity of the offence and the offender's motive when meting out penalty, and therefore to attach importance to the racist motive of crimes in determining sentence."<ref>ECRI, "Second Report on Denmark," adopted on 16 June 2000, and made public on 3 April 2001, para. 9.</ref> In recent years judges have used this provision to increase sentences on the basis of racist motives.<ref name="human" /><ref>Chahrokh, Klug, and Bilger, Migrants, Minorities, and Legislation.</ref> Since 1992, the Danish Civil Security Service (PET) has released statistics on crimes with apparent racist motivation.<ref name="human" /> ====Estonia==== Under section 151 of the Criminal Code of [[Estonia]] of 6 June 2001, which entered into force on 1 September 2002, with amendments and supplements and as amended by the Law of 8 December 2011, "activities which publicly incite to hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status, if this results in danger to the life, health or property of a person, are punishable by a fine of up to 300 fine units or by detention".<ref>[http://www.legislationline.org/documents/action/popup/id/18762 Criminal Code of Estonia of 6 June 2001, entered into force on 1 September 2002, with amendments and supplements and latest amendment by the Law of 8 December 2011, published in RT I, 29.12.2011, 1 and entered into force on 1 January 2012 (excerpts)] {{Webarchive|url=https://web.archive.org/web/20170827084753/http://www.legislationline.org/documents/action/popup/id/18762 |date=27 August 2017 }}, accessed 27 August 2017</ref> ====Finland==== [[Finland|Finnish]] [[Criminal Code of Finland|Criminal Code]] 515/2003 (enacted 31 January 2003) makes "committing a crime against a person, because of his national, racial, ethnical or equivalent group" an aggravating circumstance in sentencing.<ref name="human" /><ref>EUMC, "Racism and xenophobia in the E.U.," p. 51.</ref> In addition, ethnic agitation ({{langx|fi|kiihotus kansanryhmää vastaan}}) is criminalized and carries a fine or a prison sentence of not more than two years. The prosecution need not prove that an actual danger to an ethnic group is caused but only that malicious message is conveyed. A more aggravated hate crime, warmongering ({{langx|fi|sotaan yllyttäminen}}), carries a prison sentence of one to ten years. However, in case of warmongering, the prosecution must prove an [[overt act]] that evidently increases the risk that Finland is involved in a war or becomes a target for a military operation. The act in question may consist of # illegal violence directed against a foreign country or its citizens, # systematic dissemination of false information on Finnish foreign policy or defense # public influence on the public opinion towards a pro-war viewpoint or # public suggestion that a foreign country or Finland should engage in an aggressive act.<ref>[https://web.archive.org/web/20050213150526/http://www.finlex.fi/en/laki/kaannokset/1889/en18890039.pdf Penal Code (39/1889)] as of 1006/2004. §§ 6:5.1.4 (ethnic hatred as an aggravating factor), 11:8 (ethnic agitation) and 12:2 (warmongering). The points cited remain in force on the day of retrieval, checked from the Finnish version: [https://www.finlex.fi/fi/lainsaadanto/1889/39-001 Rikoslaki]. The Government proposal [http://217.71.145.20/TRIPviewer/show.asp?tunniste=HE+55/2007&base=erhe&palvelin=www.eduskunta.fi&f=WORD HE 55/2007] {{webarchive|url=https://web.archive.org/web/20110311053343/http://217.71.145.20/TRIPviewer/show.asp?tunniste=HE+55%2F2007&base=erhe&palvelin=www.eduskunta.fi&f=WORD |date=11 March 2011 }} will move the § 11:8 to §11:10 without changing the content, if the proposal is passed by the [[Parliament of Finland]]. Retrieved 23 November 2007.</ref> ====France==== In 2003, France enacted penalty-enhancement hate crime laws for crimes motivated by bias against the victim's actual or perceived ethnicity, nation, race, religion, or sexual orientation. The penalties for murder were raised from 30 years (for non-hate crimes) to life imprisonment (for hate crimes), and the penalties for violent attacks leading to permanent disability were raised from 10 years (for non-hate crimes) to 15 years (for hate crimes).<ref name="human" /><ref>''[http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000781920 Loi n° 2003–88 du 3 février 2003 visant à aggraver les peines punissant les infractions à caractère raciste, antisémite ou xénophobe]''</ref> ====Georgia==== "There is no general provision in Georgian law for racist motivation to be considered an aggravating circumstance in prosecutions of ordinary offenses. Certain crimes involving racist motivation are, however, defined as specific offenses in the Georgian Criminal Code of 1999, including murder motivated by racial, religious, national or ethnic intolerance (article 109); infliction of serious injuries motivated by racial, religious, national or ethnic intolerance (article 117); and torture motivated by racial, religious, national or ethnic intolerance (article 126). ECRI reported no knowledge of cases in which this law has been enforced. There is no systematic monitoring or data collection on discrimination in Georgia."<ref name="human" /> ====Germany==== The [[German Criminal Code]] does not have hate crime legislation, instead, it criminalizes [[hate speech]] under a number of different laws, including [[Volksverhetzung]]. In the German legal framework [[motivation]] is not taken into account while identifying the element of the offence. However, within the sentencing procedure the judge can define certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motives and aims of the perpetrator; the state of mind reflected in the act and the willfulness involved in its commission"<ref>{{cite web|url=http://www.iuscomp.org/gla/statutes/StGB.htm#46 |title=Criminal Code (Strafgesetzbuch, StGB) |publisher=Iuscomp.org |access-date=14 November 2011}}</ref> can be taken into consideration when determining the [[punishment]]; under this statute, hate and bias have been taken into consideration in sentencing in past cases.<ref name="Marc Coester 2008">Marc Coester (2008): Das Konzept der Hate Crimes aus den USA unter besonderer Berücksichtigung des Rechtsextremismus in Deutschland. Peter Lang: Frankfurt/Berlin/Bern/Bruxelles/New York/Oxford/Wien</ref> Hate crimes are not specifically tracked by German police, but have been studied separately: a recently published EU "Report on Racism" finds that racially motivated attacks are frequent in Germany, identifying 18,142 incidences for 2006, of which 17,597 were motivated by right-wing ideologies, both about a 14% year-by-year increase.<ref>{{cite news|url=http://www.spiegel.de/international/germany/0,1518,502471,00.html |title=EU Xenophobia Report: Racism On the Rise in Germany |work=Der Spiegel |access-date=14 November 2011|date=28 August 2007 }}</ref> Relative to the size of the population, this represents an eightfold higher rate of hate crimes than reported in the US during the same period.<ref>{{cite web|url=https://www.fbi.gov/news/stories/2007/november/hatecrime_111907 |title=2006 Hate Crime in the U.S |publisher=Fbi.gov |access-date=14 November 2011}}</ref> Awareness of hate crimes in Germany remains low.<ref>{{cite news|url=http://www.spiegel.de/international/germany/0,1518,502694,00.html |title= Interview with Racism Expert: 'Awareness of Ethnic Discrimination Is Low in Germany' |work=Der Spiegel |access-date=14 November 2011|date= 29 August 2007 }}</ref> ====Greece==== Article Law 927/1979 "Section 1,1 penalizes incitement to discrimination, hatred or violence towards individuals or groups because of their racial, national or religious origin, through public written or oral expressions; Section 1,2 prohibits the establishment of, and membership in, organizations which organize propaganda and activities aimed at racial discrimination; Section 2 punishes public expression of offensive ideas; Section 3 penalizes the act of refusing, in the exercise of one's occupation, to sell a commodity or to supply a service on racial grounds."<ref>ECRI, "Second Report on Greece," adopted on 1999-12-10, and made public on 2000-06-27.</ref> Public prosecutors may press charges even if the victim does not file a complaint. However, as of 2003, no convictions had been attained under the law.<ref>Sitaropoulos, N.: "[http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/legisln/msracequality/greece.pdf Executive Summary on Race Equality Directive, State of Play in Greece] {{webarchive|url=https://web.archive.org/web/20050513164532/http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/legisln/msracequality/greece.pdf |date=13 May 2005 }}, section 5, 2003-10-12. Retrieved on 2007-08-02.</ref> ====Hungary==== Violent action, cruelty, and coercion by threat made on the basis of the victim's actual or perceived national, ethnic, religious status or membership in a particular social group are punishable under article 174/B of the [[Hungary|Hungarian]] Criminal Code.<ref name="human"/> This article was added to the Code in 1996.<ref>{{cite web|url=http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/A.57.18,paras.367-390.En?Opendocument|title= Treaty Bodies Database – Document – Concluding Observations/Comments – Hungary|publisher=United Nations|work=unhchr.ch}}</ref> Hungary is a party to the Convention on Cybercrime, but not the Additional Protocol. ====Iceland==== Section 233a of the Icelandic Penal Code states "Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly abuses a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to two years."<ref>{{cite web|url=http://www.althingi.is/lagas/135a/1940019.html |title=Icelandic Penal Code (in Icelandic) |publisher=Althingi.is |access-date=14 November 2011}}</ref> Iceland is a party to the Convention on Cybercrime, but not the Additional Protocol. ==== India ==== India does not have any specific laws governing hate crimes in general other than [[Hate speech in India|hate speech]] which is covered under the Indian Penal Code. ====Ireland====<!-- Some content from this section has been copied from [[Hate speech laws by country#Ireland]] --> In legal effect since December 31, 2024 Ireland implemented broad-based comprehensive legislation on hate crimes.<ref>{{cite web | url=https://www.gov.ie/en/press-release/bcddb-new-hate-crime-legislation-comes-into-force/ | title=New hate crime legislation comes into force }}</ref> The Prohibition of Incitement to Hatred Act 1989 created the offence of inciting hatred against a group of persons on account of their race, colour, nationality, religion, ethnic or national origins, membership of the [[Irish Travellers|Traveller]] community (an indigenous minority group), or sexual orientation.<ref name="human" /><ref>{{cite Irish legislation |year=1989|date=29 November 1989 |number=19 |name=Prohibition of Incitement to Hatred Act 1989}}</ref> Frustration at the low number of prosecutions (18 by 2011) was attributed to a misconception that the law addressed hate crimes more generally as opposed to incitement in particular.<ref>{{cite book |last=Taylor |first=Séamus |url=https://www.ihrec.ie/download/doc/responding_to_racist_incidents_and_racist_crimes_in_ireland.doc |title=Responding to Racist Incidents And Racist Crimes in Ireland |date=October 2011 |publisher=Equality Authority |isbn=978-1-908275-29-5 |series=Issues Papers |location=Roscrea |pages=§§5.2.14–5.2.21 |format=MS Word |access-date=7 November 2017 |no-pp=y}}; {{cite web |date=17 July 2013 |title=Clarification on the Prohibition against Incitement to Hatred Act 1989 |url=http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-9B2LU91733429-en |url-status=dead |archive-url=https://web.archive.org/web/20171108151615/http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-9B2LU91733429-en |archive-date=8 November 2017 |access-date=8 November 2017 |work=Office for the Promotion of Migrant Integration |publisher=Department of Justice and Equality |location=Dublin |df=dmy-all}}</ref> In 2019, a UN rappourteur told Irish representatives at the [[Committee on the Elimination of Racial Discrimination]], meeting at [[UN Geneva]], to introduce new hate crime legislation to combat the low prosecution rate for offences under the 1989 act – particularly for [[online hate speech]] – and lack of training for the [[Garda Síochána]] on racially-motivated crimes. The rapporteur's points came during [[Opposition to immigration#Ireland|a rise in anti-immigrant rhetoric]] and racist attacks in Ireland and were based on recommendations submitted by the [[Irish Human Rights and Equality Commission]] and numerous other [[Social movement organization|civil society organisations]]. Reforms are supported by the [[Irish Network Against Racism]].<ref>{{Cite news |last=Pollak |first=Sorcha |date=2 December 2019 |title=UN official urges Ireland to introduce hate crime legislation |newspaper=[[The Irish Times]] |url=https://www.irishtimes.com/news/politics/un-official-urges-ireland-to-introduce-hate-crime-legislation-1.4102386}}</ref> The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill known as the "Hate Crime Bill", prohibiting hate speech or incitement to hate crimes based on protected characteristics, is in its Third Stage at the [[Seanad Éireann|Seanad]], Ireland's [[upper house]], {{As of|2023|June|lc=y}} and the ''Irish Times'' reports it is likely to become law in late 2023.<ref>{{Cite web |last= |first= |date=2022-11-01 |title=Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 |url=https://www.oireachtas.ie/en/bills/bill/2022/105 |access-date=2023-08-02 |website=[[Houses of the Oireachtas]] |series=Bill 105 of 2022 |language=en-ie}}</ref><ref name=":1">{{Cite news |last=Keena |first=Colm |date=5 May 2023 |title=Why are Elon Musk and Donald Trump jnr so concerned by Ireland's new hate crime legislation? |url=https://www.irishtimes.com/ireland/2023/05/05/why-are-elon-musk-and-donald-trump-jnr-so-concerned-by-irelands-new-hate-crime-legislation/ |access-date=2023-08-02 |newspaper=The Irish Times |language=en}}</ref> It has drawn concern from the [[Irish Council for Civil Liberties]] and from across the political spectrum (specifically from [[Michael McDowell (politician)|Michael McDowell]], [[Rónán Mullen]], and [[People Before Profit]]), as well as internationally, from business magnate [[Elon Musk]] and political activist [[Donald Trump Jr.]]<ref name=":1" /> [[Paul Murphy (Irish politician)|Paul Murphy]] of People Before Profit said the bill created a "[[Thoughtcrime|thought crime]]" by its criminalisation of possessing material prepared for circulation where circulation would incite hatred.<ref name=":1" /> [[Pauline O'Reilly]], a [[Green Party (Ireland)|Green Party]] senator said that the existing legislation was "not effective" and outdated, adding that the Gardaí saw a rise of 30% in hate crime in Ireland."<ref>{{Cite web |last=Wilson |first=James |date=16 June 2023 |title=Hate Crime Bill should 'start the alarm bells ringing' |url=https://www.newstalk.com/news/hate-crime-bill-should-start-the-alarm-bells-ringing-1476041 |access-date=2023-08-02 |website=[[Newstalk]] |language=en}}</ref> Data published by the Gardaí showed a 29% increase in hate crimes and hate-related incidents from 448 in 2021 to 582 in 2022.<ref>{{Cite news |last=Kelleher |first=Olivia |date=22 March 2023 |title=Hate crime reports to gardaí rose by 29% last year |url=https://www.irishtimes.com/crime-law/2023/03/22/hate-crime-reports-to-gardai-rose-by-29-last-year/ |access-date=2023-08-02 |newspaper=[[The Irish Times]] |language=en}}</ref> The Gardaí recognise that "despite improvements, hate crime and hate related incidents are still under-reported".<ref>{{Cite web |title=Hate Crime and Hate Related Incidents - 2022 |url=https://www.garda.ie/en/information-centre/statistics/hate-related-infographic-2022.pdf |access-date=2023-08-02 |website=[[Garda Síochána]]}}</ref> ====Italy==== [[Italy|Italian]] criminal law, at Section 3 of Law No. 205/1993, the so-called ''[[:it:Legge Mancino|Legge Mancino]]'' ([[Mancino law]]), contains a penalty-enhancement provision for all crimes motivated by racial, ethnic, national, or religious bias.<ref name="human" /> Italy is a party to the Convention on Cybercrime, but not the Additional Protocol. ====Kazakhstan==== In [[Kazakhstan]], there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority.<ref name="human" /> ====Kyrgyzstan==== In [[Kyrgyzstan]], "the Constitution of the State party prohibits any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance, and that the prohibition against racial discrimination is also included in other legislation, such as the Civil, Penal and Labour Codes."<ref>[http://wwjaiw.unhchr.ch/tbs/DOC.NSF/8e9c603f486cdf83802566f8003870e7/1b14be971da31f368025686a00522889?OpenDocument#A%2F54%2F18E CERD, Consideration of Reports Submitted by States Parties under Article 9 of the Convention; Concluding Observations: Kyrgyzstan], 1999. Retrieved on 2 August 2007.</ref> Article 299 of the Criminal Code defines incitement to national, racist, or religious hatred as a specific offense. This article has been used in political trials of suspected members of the banned organization [[Hizb-ut-Tahrir]].<ref name="human" /><ref>"[http://www.ihfhr.org/documents/doc_summary.php?sec_id=3&d_id=3860 Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003)] {{webarchive|url=https://web.archive.org/web/20110726172327/http://www.ihfhr.org/documents/doc_summary.php?sec_id=3&d_id=3860 |date=2011-07-26 }}, [[International Helsinki Federation]]," 23 June 2004. Retrieved on 2007-08-02.</ref> ==== Netherlands ==== In March, 2025, the Dutch Senate voted in favour of a bill by which penalties for crimes with a discriminatory aim can be aggravated by 1/3. Since the Lower Chamber of Parliament already accepted the bill, this legislation will soon become into effect. ====Poland==== Article 13 of the [[Constitution of Poland]] prohibits organizations "whose programmes or activities sanction racial or national hatred".<ref>{{cite web | url = https://www.sejm.gov.pl/prawo/konst/angielski/konse.htm | title = The Constitution of the Republic of Poland }}</ref> ====Russia==== Article 29 of Constitution of the [[Russia|Russian Federation]] bans [[incitement]] to riot for the sake of stirring societal, racial, ethnic, and religious hatred as well as the promotion of the superiority of the same. Article 282 of the Criminal code further includes protections against incitement of hatred (including gender) via various means of communication, instilling criminal penalties including fines and imprisonment.<ref>{{cite web|url=http://www.wipo.int/edocs/lexdocs/laws/en/ru/ru080en.pdf|title=The Criminal code Of The Russian Federation (in English) |publisher=Wipo.int |access-date=9 August 2017}}</ref> Although a former member of the Council of Europe, Russia is not a party to the Convention on Cybercrime. ====Slovenia==== In 2023, [[Slovenia]] introduced a penalty-enhancement provision in its Penal Code. If the victim's national, racial, religious or ethnic origin, sex, colour, descent, property, education, social status, political or other opinion, disability, sexual orientation or any other personal circumstance was a factor contributing to the commission of the criminal offence, it shall be taken into account when determining the penalty.<ref>{{Cite web |title=Vsebina Uradnega lista |url=https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina |access-date=2023-03-14 |website=Vsebina Uradnega lista {{!}} Uradni list}}</ref> ====Spain==== Article 22(4) of the [[Spanish Penal Code]] includes a penalty-enhancement provision for crimes motivated by bias against the victim's ideology, beliefs, religion, ethnicity, race, nationality, gender, sexual orientation, illness or disability.<ref name="human" /> On 14 May 2019, the [[Spanish Attorney General]] distributed a circular instructing on the interpretation of hate crime law. This new interpretation includes [[Nazism|nazis]] as a collective that can be protected under this law.<ref>{{cite news|first=Alejandro|last=Torrús|url=https://www.publico.es/politica/delitos-odio-fiscalia-considera-delito-incitacion-odio-nazis.html|title=La Fiscalía del Estado considera delito la incitación al odio hacia los nazis|work=[[Público (Spain)|Público]]|date=22 May 2019|access-date=26 May 2019|language=es}}</ref> Although a member of the Council of Europe, Spain is not a party to the Convention on Cybercrime. ====Sweden==== Article 29 of the Swedish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's race, color, nationality, ethnicity, sexual orientation, religion, or "other similar circumstance" of the victim.<ref name="human" /><ref>{{cite web|url=http://www.sweden.gov.se/content/1/c4/15/36/d74ceabc.pdf |title=Swedish Penal Code |access-date=21 January 2013 |url-status=dead |archive-url=https://web.archive.org/web/20121001050247/http://www.sweden.gov.se/content/1/c4/15/36/d74ceabc.pdf |archive-date=1 October 2012 }}</ref><!-- Map at the Convention on Cybercrime article is out of date: ratified both the convention and the protocol in 2021 --> ====Ukraine==== The [[constitution of Ukraine]] guarantees protection against hate crime: *Article 10: "In Ukraine, free development, use and protection of Russian and ''other languages'' of ethnic minorities of [[Ukraine]] are guaranteed". *Article 11: "The State shall promote the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and ethnic minorities of Ukraine". *Article 24: "There can be no privileges or restrictions on the grounds of race, color of the skin, political, religious or other beliefs, sex, ethnic or social origin, property status, place of residence, language or other grounds".<ref>{{Cite web|url=http://zakon.rada.gov.ua/laws/show/254к/96-вр|title="Constitution of Ukraine" ["КОНСТИТУЦІЯ УКРАЇНИ"]|date=22 November 2018|website=[[Verkhovna Rada]] of Ukraine (official site government all laws in Ukraine)|archive-url=https://web.archive.org/web/20181122123614/http://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80|archive-date=22 November 2018|url-status=live|access-date=10 January 2020}}</ref> Under the Criminal Codex, crimes committed because of hatred are hate crimes and carry increased punishment in many articles of the criminal law. There are also separate articles on punishment for a hate crime. Article 161: "Violations of equality of citizens depending on their race, ethnicity, religious beliefs, disability and other grounds: Intentional acts aimed at incitement to ethnic, racial or religious hatred and violence, to demean the ethnic honor and dignity, or to repulse citizens' feelings due to their religious beliefs, as well as direct or indirect restriction of rights or the establishment of direct or indirect privileges of citizens on the grounds of race, color, political, religious or other beliefs, sex, disability, ethnic or social origin, property status, place of residence, language or other grounds" (maximum criminal sentence of up to 8 years in prison). Article 300: "Importation, manufacture or distribution of literature and other media promoting a cult of violence and cruelty, racial, ethnic or religious intolerance and discrimination" (maximum criminal sentence of up to 5 years in prison).<ref>{{Cite web|url=http://zakon.rada.gov.ua/laws/show/2341-14|title=CRIMINAL CODEX OF UKRAINE ("КРИМІНАЛЬНИЙ КОДЕКС УКРАЇНИ")|date=22 November 2018|website=[[Verkhovna Rada]] of Ukraine (official site government all laws in Ukraine)|archive-url=https://web.archive.org/web/20181122122248/http://zakon.rada.gov.ua/laws/show/2341-14|archive-date=22 November 2018}}</ref> ====United Kingdom==== For [[England]], [[Wales]], and [[Scotland]], the [[Sentencing Act 2020]] makes racial or religious hostility, or hostility related to disability, sexual orientation, or transgender identity an [[aggravation (legal concept)|aggravation]] in [[Sentence (law)|sentencing]] for crimes in general.<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/2020/17/section/66|title=Sentencing Act 2020 section 66|work=legislation.gov.uk}}</ref> Separately, the [[Crime and Disorder Act 1998]] defines separate offences, with increased sentences, for racially or religiously aggravated assaults, harassment, and a handful of public order offences. For [[Northern Ireland]], Public Order 1987 (S.I. 1987/463 (N.I. 7)) serves the same purposes.<ref>{{cite web|url=https://www.legislation.gov.uk/nisi/1987/463/contents/made|title=Public Order (Northern Ireland) Order 1987|website=www.legislation.gov.uk|publisher=UK Legislation}}</ref> A "racial group" is a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins. A "religious group" is a group of persons defined by reference to religious belief or lack of religious belief. "Hate crime" legislation is distinct from "hate speech" legislation. See [[Hate speech laws in the United Kingdom]]. The [[Crime Survey for England and Wales]] (CSEW) reported in 2013 that there were an average of 278,000 hate crimes a year with 40 percent being reported according to a victims survey; police records only identified around 43,000 hate crimes a year.<ref>{{cite news|last = Arnett| first = George| url=https://www.theguardian.com/news/datablog/2013/dec/17/how-prevalent-hate-crime-england-wales | location=London | work=The Guardian | title=Hate crime in England and Wales: how prevalent is it? | date=17 December 2013|access-date=29 June 2016}}</ref>{{update inline|date=August 2020}} It was reported that police recorded a 57-percent increase in hate crime complaints in the four days following the UK's [[2016 United Kingdom European Union membership referendum|European Union membership referendum]]; however, a press release from the National Police Chief's Council stated that "this should not be read as a national increase in hate crime of 57 percent".<ref>[https://www.theguardian.com/uk-news/2016/jun/27/sadiq-khan-muslim-council-britain-warning-of-post-brexit-racism Cameron condemns xenophobic and racist abuse after Brexit vote], ''The Guardian'' 27 June 2016, accessed 29 June 2016</ref><ref>{{cite web|url=http://news.npcc.police.uk/releases/hate-crime-is-unacceptable-in-any-circumstances-say-police|title=Hate crime is unacceptable in any circumstances say police |work=National Police Chief's Council |date=27 June 2016|access-date=13 October 2016}}</ref> In 2013, [[Greater Manchester Police]] began recording attacks on goths, punks and other [[alternative culture]] groups as hate crimes.<ref>{{cite news| url=https://www.theguardian.com/uk/2013/apr/03/manchester-police-goths-punks-hate-crime | location=London | work=The Guardian | title=Manchester police to record attacks on goths, emos and punks as hate crimes | date=3 April 2013}}</ref> On 4 December 2013, [[Essex Police]] launched the 'Stop the Hate' initiative as part of a concerted effort to find new ways to tackle hate crime in Essex. The launch was marked by a conference in [[Chelmsford]], hosted by Chief Constable Stephen Kavanagh, which brought together 220 delegates from a range of partner organizations involved in the field. The theme of the conference was 'Report it to Sort it' and the emphasis was on encouraging people to tell police if they have been a victim of hate crime, whether it be based on race, religion, sexual orientation, transgender identity or disability.<ref>{{cite web |url=http://www.stopthehate.org.uk/2013/12/launch-of-stop-the-hate-initiative |title=Launch of 'Stop the Hate' initiative |publisher=Stop the hate |date=4 December 2013 |access-date=12 July 2014 |archive-url=https://web.archive.org/web/20140723012117/http://www.stopthehate.org.uk/2013/12/launch-of-stop-the-hate-initiative/ |archive-date=23 July 2014 |url-status=dead }}</ref> [[Crown Prosecution Service]] guidance issued on 21 August 2017 stated that online hate crimes should be treated as seriously as offences in person.<ref>{{cite news | url = https://www.bbc.co.uk/news/uk-40981235|title= Hate crimes: Fresh guidance on online offences | work = BBC News |date=21 August 2017}}</ref> Perhaps the most high-profile hate crime in modern Britain occurred in [[Eltham]], [[London]], on 24 April 1993, when 18-year-old black student [[Stephen Lawrence]] was stabbed to death in an attack by a gang of white youths. Two white teenagers were later charged with the murder, and at least three other suspects were mentioned in the national media, but the charges against them were dropped within three months after the [[Crown Prosecution Service]] concluded that there was insufficient evidence to prosecute. However, a change in the law a decade later allowed a suspect to be charged with a crime twice if new evidence emerged after the original charges were dropped or a "not guilty" verdict was delivered in court. Gary Dobson, who had been charged with the murder in the initial 1993 investigation, was found guilty of Stephen Lawrence's murder in January 2012 and sentenced to life imprisonment, as was David Norris, who had not been charged in 1993. A third suspect, Luke Knight, had been charged in 1993 but was not charged when the case came to court nearly 20 years later.{{citation needed|date=August 2020}} In September 2020, the [[Law Commission (England and Wales)|Law Commission]] proposed that sex or gender be added to the list of protected characteristics.<ref>{{cite web|url=https://www.lawcom.gov.uk/reforms-to-hate-crime-laws-to-make-them-fairer-and-to-protect-women-for-the-first-time/|title=Reforms to hate crime laws to make them fairer, and to protect women for the first time|website=www.lawcom.gov.uk |date=23 September 2020}}</ref><ref>{{cite news|last = Scott| first = Jennifer | url = https://www.bbc.co.uk/news/uk-politics-54254541|title= Misogyny: Women 'should be protected' under hate crime laws | work = BBC News |date=23 September 2020 |access-date=23 September 2020}}</ref> The United Kingdom is a party to the Convention on Cybercrime, but not the Additional Protocol. A 2021 investigation by ''[[Newsnight]]'' and ''[[The Law Society Gazette]]'' found that alleged hate crimes in which the victim was a police officer were significantly more likely to result in a successful prosecution. The investigation found that in several areas, crimes against police officers and staff constituted up to half of all hate crimes convictions, despite representing a much smaller proportion of reported incidents.<ref>{{cite web|url=https://www.bbc.co.uk/news/uk-56546490|title=Hate crimes on police 'more likely to be charged'|date=27 March 2021|access-date=12 December 2021|publisher=[[BBC News]]|first1=Melanie|last1=Newman|first2=Richard|last2=Watson}}</ref> =====Scotland===== Under [[Scotland|Scottish]] [[Scots law#Common law|Common law]] the courts can take any aggravating factor into account when sentencing someone found guilty of an offence.<ref>{{Cite web |title=Chapter 3: Current hate crime legislation in Scotland |url=http://www.gov.scot/publications/independent-review-hate-crime-legislation-scotland-consultation-non-technical-guide/pages/5/ |access-date=2024-06-02 |website=www.gov.scot |language=en}}</ref><ref>{{Cite web |title=How distinctive is Scotland's new approach to sentencing guidelines? – Sentencing Academy |url=https://www.sentencingacademy.org.uk/scottish-sentencing-guidelines/ |access-date=2024-06-02 |language=en-US}}</ref> There is legislation dealing with the offences of incitement of racial hatred, racially aggravated harassment, and prejudice relating to religious beliefs, disability, sexual orientation, and transgender identity.<ref>{{cite web|url=http://www.legislation.gov.uk/asp/2009/8/contents?section-1-7|title=Offences (Aggravation by Prejudice) (Scotland) Act 2009|website=www.legislation.gov.uk |publisher=UK Legislation}}</ref> A [[Scottish Executive]] working group examined the issue of hate crime and ways of combating crime motivated by social prejudice, reporting in 2004.<ref>{{cite web|title=Working Group on Hate Crime|url=http://www.scotland.gov.uk/Topics/Justice/criminal/17543/8978 |archive-url=https://web.archive.org/web/20090107212250/http://www.scotland.gov.uk./Topics/Justice/criminal/17543/8978 |archive-date=7 January 2009}}</ref> Its main recommendations were not implemented, but in their manifestos for the [[2007 Scottish Parliament election]] several political parties included commitments to legislate in this area, including the [[Scottish National Party]], which now forms the Scottish Government. The Offences (Aggravation by Prejudice) (Scotland) Bill was introduced on 19 May 2008 by [[Patrick Harvie]] MSP,<ref>{{cite web|url=http://www.scottish.parliament.uk/s3/bills/09-AggPrej/index.htm |title=Offences (Aggravation by Prejudice) (Scotland) Bill |publisher=Scottish.parliament.uk |access-date=21 January 2013 |url-status=dead |archive-url=https://web.archive.org/web/20110825214959/http://www.scottish.parliament.uk/s3/bills/09-AggPrej/index.htm |archive-date=25 August 2011 }}</ref> having been prepared with support from the Scottish Government, and was passed unanimously by the [[Scottish Parliament|parliament]] on 3 June 2009.<ref>{{cite news | url = http://news.bbc.co.uk/1/hi/scotland/8078988.stm|title= MSPs approve new hate crime laws | work = BBC News |date=3 June 2009}}</ref> The [[Hate Crime and Public Order (Scotland) Act 2021]] comes into force on 1 April 2024.<ref>{{Cite news |last=Amery |first=Rachel |date=13 March 2024 |title=Hate crime law: Glasgow LGBT+ sex shop designated official reporting centre for controversial new laws |url=https://www.scotsman.com/news/politics/hate-crime-law-glasgow-lgbt-sex-shop-designated-official-reporting-centre-for-controversial-new-laws-4553231 |access-date=13 March 2024 |work=The Scotsman}}</ref> Its introduction was criticised by the [[Association of Scottish Police Superintendents]] saying it feared [[Police Scotland]] would be deluged by cases, diverting officers from tackling violent offenders and that the Act threatened to fuel claims of “institutional bias” against the force.<ref>{{Cite news |last=Boothman |first=John |date=28 March 2024 |title=Hate crime law 'will hamper fight against violent offenders' |url=https://www.thetimes.com/uk/scotland/article/hate-crime-law-will-hamper-fight-against-violent-criminals-7t9gs7pq0 |access-date=28 March 2024 |work=[[The Times]]}}</ref> ====== Non-crime hate incidents ====== In March 2024, [[Scottish Conservatives]] MSP [[Murdo Fraser]] threatened [[Police Scotland]] with legal action following his criticism of the [[Scottish Government]]'s transgender policy was logged as a "hate incident" after being told that his name appears in police records for expressing his view about the policy even though no crime was committed.<ref>{{Cite news |last=Bol |first=David |date=25 March 2024 |title=Murdo Fraser accuses police of 'unlawful' behaviour after tweet recorded as 'hate incident' |url=https://www.scotsman.com/news/politics/murdo-fraser-accuses-police-of-unlawful-behaviour-after-tweet-recorded-as-hate-incident-4567214 |access-date=25 March 2024 |work=The Scotsman}}</ref> Fraser had shared a column written by Susan Dalgety for ''[[The Scotsman]]'', which claimed the Scottish Government's 'non-binary equality action plan' would lead to children being "damaged by this cult" and commenting "Choosing to identify as 'non-binary' is as valid as choosing to identify as a cat. I'm not sure governments should be spending time on action plans for either."<ref>{{Cite news |last=Dalgety |first=Susan |date=18 November 2023 |title=Scottish Government is fostering a cult of gender-identity ideology that is destroying lives |url=https://www.scotsman.com/news/opinion/columnists/scottish-government-is-fostering-a-cult-of-gender-identity-ideology-that-is-destroying-lives-susan-dalgety-4413621 |archive-url=https://web.archive.org/web/20231117223305/http://www.scotsman.com/news/opinion/columnists/scottish-government-is-fostering-a-cult-of-gender-identity-ideology-that-is-destroying-lives-susan-dalgety-4413621 |archive-date=17 November 2023 |access-date=25 March 2024 |work=The Scotsman}}</ref> ====Eurasian countries with no hate crime laws==== [[File:Ljeviska007b.jpg|thumb|The famous fresco ''Bathing of the Christ'', after being vandalized by a Kosovo Albanian [[Mobbing|mob]] during the [[2004 unrest in Kosovo]]]] [[Albania]], [[Cyprus]], [[San Marino]] and [[Turkey]] have no hate crime laws.<ref name="human" /> Nonetheless, all of these except Turkey are parties to the Convention on Cybercrime and the Additional Protocol. ===North America=== ====Canada==== "In Canada the legal definition of a hate crime can be found in sections 318 and 319 of the Criminal Code".<ref name="autogenerated161">{{cite book|last=O'Grady|first=William|title=Crime In Canadian Context: debates and controversies|year=2011|publisher=Oxford University Press|isbn=978-0-19-543378-4|page=161}}</ref> In 1996, the federal government amended a section of the Criminal Code that pertains to sentencing. Specifically, section 718.2. The section states (with regard to the hate crime): {{blockquote|A court that imposes a sentence shall also take into consideration the following principles: {{ubl |(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,{{ubl |(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor, ... shall be deemed to be aggravating circumstances.<ref name="autogenerated161"/>}}}}}} A vast majority (84 percent) of hate crime perpetrators were "male, with an average age of just under 30. Less than 10 of those accused had criminal records, and less than 5 percent had previous hate crime involvement".<ref>{{cite book|last=O'Grady|first=William|title=Crime In Canadian Context: debates and controversies|year=2011|publisher=Oxford University Press|isbn=978-0-19-543378-4|page=163}}</ref> "Only 4 percent of hate crimes were linked to an organized or extremist group".<ref name="autogenerated162">{{cite book|last=O'Grady|first=William|title=Crime In Canadian Context: debates and controversies|year=2011|publisher=Oxford University Press|isbn=978-0-19-543378-4|page=162}}</ref> As of 2004, Jewish people were the largest ethnic group targeted by hate crimes, followed by black people, Muslims, South Asians, and homosexuals (Silver et al., 2004).<ref name="autogenerated162"/> More recently, hate crimes targeting Jews accounted for 67% of all reported hate crimes targeting religions in 2022.<ref>{{Cite web |last=Government of Canada |first=Statistics Canada |date=2024-03-13 |title=The Daily — Police-reported hate crime, 2022 |url=https://www150.statcan.gc.ca/n1/daily-quotidien/240313/dq240313b-eng.htm |access-date=2024-12-10 |website=www150.statcan.gc.ca}}</ref> During the Nazi regime in Germany, antisemitism was a cause of hate-related violence in Canada. For example, on 16 August 1933, there was a baseball game in Toronto and one team was made up mostly of Jewish players. At the end of the game, a group of Nazi sympathizers unfolded a Swastika flag and shouted "Heil Hitler." That event [[Christie Pits riot|erupted into a brawl]] that pitted Jews and Italians against Anglo Canadians; the brawl went on for hours.<ref name="autogenerated161"/> The first time someone was charged for hate speech over the internet occurred on 27 March 1996. "A Winnipeg teenager was arrested by the police for sending an email to a local political activist that contained the message "Death to homosexuals...it's prescribed in the Bible! Better watch out next Gay Pride Week.{{'"}}<ref name="autogenerated162"/> During the [[COVID-19 pandemic in Canada|COVID-19 pandemic]], Canada saw a sudden rise in hate crimes based on race, religion, and sexual orientation.<ref>{{Cite news | vauthors=Jain S | title=Hate crimes surge in Canada during pandemic | work=Reuters |date=August 5, 2022 | url=https://www.reuters.com/world/americas/hate-crimes-surge-canada-during-pandemic-2022-08-05/ | access-date=2 January 2023}}</ref> [[Statistics Canada]] reported there was a 72% increase in hate crimes between 2019 and 2021.<ref>{{Cite news | title=Canada sees surge in hate crimes during pandemic, new data shows | url=https://www.aljazeera.com/news/2022/8/5/canada-sees-surge-in-hate-crimes-during-pandemic-new-data-shows | access-date=2 January 2023 |work=Al Jazeera |date=August 5, 2022}}</ref> ====Mexico==== Alejandro Gertz Manero, [[Attorney General of Mexico]], recommended in August [[2020 in Mexico|2020]] that all murders involving women be investigated as [[Violence against women in Mexico|femicides]]. An average of 11 women are killed every day.<ref>{{cite web |last1=Breña |first1=Carmen Morán |title=Las feministas saludan la rectificación del fiscal Gertz sobre el tipo penal de feminicidio |url=https://elpais.com/mexico/2020-08-14/las-feministas-saludan-la-rectificacion-del-fiscal-gertz-sobre-el-tipo-penal-de-feminicidio.html |website=EL PAÍS |access-date=August 16, 2020 |language=es |date=14 August 2020}}</ref> Murders of LGBTQ individuals are not legally classified as hate crimes in [[Mexico]], although Luis Guzman of the ''Cohesión de Diversidades para la Sustentabilidad'' (Codise) notes that there is a lot of [[homophobia]] in Mexico, particularly in the states of [[Veracruz]], [[Chihuahua (state)|Chihuahua]], and [[Michoacán]]. Between 2014 and May 2020, there have been 209 such murders registered.<ref>{{cite web |last1=Mota |first1=J. I. |title=El asesinato de un joven homosexual en Jalisco enciende de nuevo las alarmas sobre los delitos de odio en México |url=https://elpais.com/mexico/2020-08-13/el-asesinato-de-un-joven-homosexual-en-jalisco-enciende-de-nuevo-las-alarmas-sobre-los-delitos-de-odio-en-mexico.html |website=EL PAÍS |access-date=August 16, 2020 |language=es |date=13 August 2020}}</ref> ====United States==== {{Main|Hate crime laws in the United States}} [[File:Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.jpg|thumb|Shepard (center), Louvon Harris (left), Betty Bryd Boatner (right) with President [[Barack Obama]] in 2009 to promote the [[Hate Crimes Prevention Act]]]] Hate crime laws have a long history in the United States. The first hate crime<ref name="hate-crime-2015">{{Cite web|url=https://ucr.fbi.gov/hate-crime/2015/topic-pages/incidentsandoffenses_final.pdf|title=Hate Crime Statistics, 2015|date=Fall 2016|website=ucr.fbi.gov}}</ref> laws were passed after the [[American Civil War]], beginning with the [[Civil Rights Act of 1871]], in order to combat the growing number of racially motivated crimes which were being committed by the [[Reconstruction era]]—[[Ku Klux Klan]]. Following the Reconstruction era, the Jim Crow era emerged. These were laws formed and enforced to segregate and disenfranchise African Americans. These laws were in place to maintain a racial hierarchy by punishing African Americans who resisted or challenged the system. The enforcement of Jim Crow often involved violence and intimidation, including lynchings, bombings, and false arrests. In response, African Americans engaged in various forms of resistance, such as public protests and sit-ins. The modern era of hate-crime legislation began in 1968 with the passage of federal statute, 18 U.S.C.A. § 249, part of the [[Civil Rights Act of 1968|Civil Rights Act]] which made it illegal to "by force or by threat of force, injure, intimidate, or interfere with anyone who is engaged in six specified protected activities, by reason of their [[race (classification of humans)|race]], [[color]], [[religion]], or [[national origin]]."<ref>18 U.S.C.S. § 245(b) (Public Law 117-39, approved August 31, 2021).</ref> However, "The prosecution of such crimes must be certified by the U.S. attorney general."<ref>Streissguth (2003), p. 20.</ref> The first state hate-crime statute, [[California]]'s Section 190.2, was passed in 1978 and provided penalty enhancements in cases when murders were motivated by prejudice against four "protected status" categories: race, religion, color, and national origin. Washington included [[ancestry]] in a statute which was passed in 1981. Alaska included [[creed]] and [[sex]] in 1982, and later [[disability]], [[sexual orientation]], and [[ethnicity]]. In the 1990s some state laws began to include [[ageing|age]], [[marital status]], membership in the [[armed forces]], and membership in [[civil rights]] organizations.<ref>Streissguth (2003), pp. 20–21.</ref> Until California state legislation included all crimes as possible hate crimes in 1987, criminal acts which could be considered hate crimes in various states included [[aggravated assault]], [[assault]] and [[Battery (crime)|battery]], [[vandalism]], [[rape]], [[threat]]s and [[intimidation]], [[arson]], [[trespassing]], [[stalking]], and various "lesser" acts.<ref>Streissguth (2003), p. 21.</ref> Defined in the 1999 National Crime Victim Survey, "A hate crime is a criminal offence. In the [[United States]], federal prosecution is possible for hate crimes committed on the basis of a person's race, religion, or nation origin when engaging in a federally protected activity." In 2009, capping a broad-based public campaign lasting more than a decade, President [[Barack Obama]] signed into law the [[Matthew Shepard Act|Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act]]. The Act added actual or perceived [[gender]], [[gender identity]], [[sexual orientation]], and [[disability]] to the federal definition of a hate crime, and dropped the prerequisite that the victim be engaging in a federally protected activity. Led by Shepard's parents and a coalition of civil rights groups, with ADL (the [[Anti-Defamation League]]),<ref>{{Cite web|title=Michael Lieberman '81|url=https://law.duke.edu/news/michael-lieberman-81/|website=Duke Law News Releases|access-date=21 May 2020}}</ref><ref>{{Cite web|title=Attorney General Loretta E. Lynch Hosts the 63rd Annual Attorney General Awards Honoring Department Employees and Others For Their Service (U.S. Department of Justice News Release).|url=https://www.justice.gov/opa/pr/attorney-general-loretta-e-lynch-hosts-63rd-annual-attorney-general-awards-honoring|date=21 October 2015|website=Justice News|access-date=21 May 2020}}</ref> in a lead role, the campaign to pass the [[Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act|Matthew Shepard Act]] lasted 13 years, in large part because of opposition to including the term "sexual orientation" as one of the bases for deeming a crime to be a hate crime.<ref>{{Cite web|title=1 year after Blaze Bernstein's killing, parents look to turn alleged hate crime into 'movement of hope'|url=https://abcnews.go.com/US/year-blaze-bernsteins-killing-parents-turn-alleged-hate/story?id=59754707|last=Shapiro|first=Emily|date=30 December 2018|website=ABC News|access-date=21 May 2020}}</ref> [[Anti-Defamation League|ADL]] also drafted model hate crimes legislation in the 1980s that serves as the template for the legislation that a majority of states have adopted.<ref>{{Cite magazine|title=Hate Crime Laws Don't Prevent Violence Against LGBT People: So why do many LGBT people, and others, feel so deeply about the need to have them?|url=https://www.thenation.com/article/archive/hate-crime-laws-dont-prevent-violence-against-lgbt-people/|last1=Bronski|last2=Pellegrini|last3=Amico|first1=Michael|first2=Ann|first3=Michael|date=2 October 2013|website=The Nation|access-date=21 May 2020}}</ref> As of the fall of 2020, 46 of the 50 states and [[Washington, D.C.]] have statutes criminalizing various types of hate crimes.<ref>{{Cite web|last=ADL|title=Hate Crimes|url=https://www.adl.org/what-we-do/combat-hate/hate-crimes|access-date=November 2, 2020|website=ADL.org}}</ref> Thirty-one states and the District of Columbia have statutes creating a [[Legal liability|civil cause of action]] in addition to the criminal penalty for similar acts. Twenty-seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics.<ref name="adl">[http://www.adl.org/99hatecrime/state_hate_crime_laws.pdf State Hate Crime Laws] {{webarchive|url=https://web.archive.org/web/20070614124916/http://www.adl.org/99hatecrime/state_hate_crime_laws.pdf |date=14 June 2007 }}, [[Anti-Defamation League]], June 2006. Retrieved 4 May 2007.</ref> In May 2020, the killing of African-American jogger [[Ahmaud Arbery]] reinvigorated efforts to adopt a hate-crimes law in [[Georgia (U.S. state)|Georgia]], which was one of a handful of states without a such legislation. Led in great part by the Hate-Free Georgia Coalition, a group of 35 nonprofit groups organized by the Georgia state ADL,<ref>{{Cite web|last=Oster|first=Marcy|date=June 2, 2020|title=Georgia Passes Hate Crime Legislation|url=https://forward.com/fast-forward/449561/georgia-passes-hate-crimes-legislation/|access-date=November 2, 2020|website=The Forward}}</ref> the legislation was adopted in June 2020, after 16 years of debate.<ref>{{Cite web|url=https://www.usatoday.com/story/news/nation/2020/06/26/georgia-governor-signs-hate-crime-law-following-ahmaud-arbery-shooting/3266901001/|newspaper=USA Today|date=June 26, 2020|title=Georgia governor signs hate crime law in wake of Ahmaud Arbery shooting|author=Grace Hauck}}</ref><ref>{{Cite web|author1=Greg Bluestein |author2=Maya T. Prabhu |title=Georgia governor signs hate-crimes measure into law: 'Ahmaud Arbery's death will not be in vain'|newspaper=Atlanta Journal-Constitution|url=https://www.ajc.com/blog/politics/georgia-governor-sign-hate-crimes-law/T32W4SEfj9ZovmDahsU9DL/|date=June 28, 2020}}</ref> According to the [[FBI]] Hate Crime Statistics report for 2006, hate crimes increased nearly 8 percent nationwide, with a total of 7,722 incidents and 9,080 offences reported by participating law enforcement agencies. Of the 5,449 crimes against persons, 46 percent were classified as intimidation, and 32 percent as simple assaults. Acts of vandalism or destruction comprised 81 percent of the 3,593 crimes against property.<ref>Statistics, 2006 [https://www.fbi.gov/ucr/hc2006/index.html Hate Crime Statistics, 2006], [[Federal Bureau of Investigation]] {{webarchive |url=https://web.archive.org/web/20150717214828/https://www.fbi.gov/ucr/hc2006/index.html |date=17 July 2015 }}</ref> However, according to the [[FBI]] Hate Crime Statistics for 2007, the number of hate crimes decreased to 7,624 incidents reported by participating law enforcement agencies.<ref>Statistics, 2007 [https://www.fbi.gov/ucr/hc2007/table_02.htm Hate Crime Statistics, 2007], [[Federal Bureau of Investigation]] {{webarchive |url=https://web.archive.org/web/20140709181446/https://www.fbi.gov/ucr/hc2007/table_02.htm |date=9 July 2014 }}</ref> These incidents included nine murders and two rapes (out of the almost 17,000 murders and 90,000 forcible rapes committed in the U.S. in 2007).<ref>Statistics, 2007 [https://www.fbi.gov/ucr/cius2007/data/table_01.html FBI Crime in the United States 2007], [[Federal Bureau of Investigation]] {{webarchive |url=https://web.archive.org/web/20150504123717/http://www2.fbi.gov/ucr/cius2007/data/table_01.html |date=4 May 2015 }}</ref> In June 2009, [[United States Attorney General|Attorney General]] Eric Holder said recent killings showed the need for a tougher U.S. hate-crimes law to stop "violence masquerading as political activism."<ref>{{cite web|url=https://www.nbcnews.com/id/wbna31392054 |title=Attorney general urges new hate crimes law – Crime & courts|publisher=NBC News |date=16 June 2009 |access-date=14 November 2011}}</ref> Leadership Conference on Civil Rights Education Fund published a report in 2009 revealing that 33 percent of hate-crime offenders were under the age of 18, while 29 percent were between the ages of 18 and 24.<ref>{{cite web |last1=Rintels |first1=Jonathan |last2=Loge |first2=Peter |title=Confronting the New Faces of Hate: Hate Crimes in America |url=http://www.protectcivilrights.org/pdf/reports/hatecrimes/lccref_hate_crimes_report.pdf |website=Leadership Conference on Civil Rights Education Fund |access-date=1 May 2020 |pages=34–50 |language=en |date=2009}}</ref> The 2011 hate-crime statistics show 46.9 percent were motivated by race, and 20.8 percent by sexual orientation.<ref>{{cite web|url=http://www.lakeconews.com/index.php?option=com_content&view=article&id=28459:fbi-releases-2011-hate-crime-statistics&catid=1:latest&Itemid=197 |title=FBI releases 2011 hate crime statistics |publisher=Lakeconews.com |date=11 December 2012 |access-date=21 January 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130517030446/http://www.lakeconews.com/index.php?option=com_content&view=article&id=28459%3Afbi-releases-2011-hate-crime-statistics&catid=1%3Alatest&Itemid=197 |archive-date=17 May 2013 }}</ref> In 2015, the Hate Crimes Statistics report identified 5,818 single-bias incidents involving 6,837 offenses, 7,121 victims, and 5,475 known offenders<ref name="hate-crime-2015"/> In 2017, the FBI released new data showing a 17 percent increase in hate crimes between 2016 and 2017.<ref>{{Cite web|title=2017 Hate Crime Statistics Released|url=https://www.fbi.gov/news/stories/2017-hate-crime-statistics-released-111318|access-date=2021-05-19|website=Federal Bureau of Investigation|language=en-us}}</ref> In 2018, the Hate Crime Statistics report showed 59.5 percent were motivated by race bias and 16.9 percent by sexual orientation.<ref>{{Cite web|title=Incidents and Offenses|url=https://ucr.fbi.gov/hate-crime/2018/topic-pages/incidents-and-offenses|access-date=2021-04-30|website=FBI|language=en-us}}</ref> Prosecutions of hate crimes have been difficult in the United States. Recently, state governments have attempted to re-investigate and re-try past hate crimes. One notable example was [[Mississippi]]'s decision to retry [[Byron De La Beckwith]] in 1990 for the 1963 murder of [[Medgar Evers]], a prominent figure in the [[NAACP]] and a leader of the [[civil rights movement]].<ref>{{cite journal|last=Labuda|first=P.|title=Racial Reconciliation in Mississippi: An Evaluation of the Proposal to Establish a Mississippi Truth and Reconciliation Commission.|journal=Harvard Blackletter Law Journal|year=2011|volume=271|pages=1–48}}</ref> This was the first time in U.S. history that an unresolved civil rights case was re-opened. De La Beckwith, a member of the Ku Klux Klan, was tried for the murder on two previous occasions, resulting in [[Hung jury|hung juries]]. A mixed-race jury found Beckwith guilty of murder, and he was sentenced to life in prison in 1994.<ref>{{cite book|author1=Alston, A. A. |author2=Dickerson, J. L.|title=Devil's Sanctuary: An Eye-Witness History of Mississippi Hate Crimes|year=2009|publisher=Lawrence Hill Books|location=Chicago, Illinois}}</ref> According to a November 2016 report issued by the FBI, hate crimes are on the rise in the United States.<ref>{{cite web|title=Latest Hate Crime Statistics Released - Annual Report Sheds Light on Serious Issue|url=https://www.fbi.gov/news/stories/2015-hate-crime-statistics-released|website=FBI|access-date=18 December 2016}}</ref> The number of hate crimes increased from 5,850 in 2015, to 6,121 hate crime incidents in 2016, an increase of 4.6 percent.<ref>{{cite news|last1=Licthblau|first1=Eric|title=U.S. Hate Crimes Surge 6%, Fueled by Attacks on Muslims|url=https://www.nytimes.com/2016/11/15/us/politics/fbi-hate-crimes-muslims.html |archive-url=https://web.archive.org/web/20161115034006/http://www.nytimes.com/2016/11/15/us/politics/fbi-hate-crimes-muslims.html |archive-date=2016-11-15 |url-access=limited |url-status=live|access-date=18 December 2016|newspaper=New York Times|date=14 November 2016}}</ref><ref>{{cite news|last1=Mathias|first1=Christopher|title=Hate Crimes Rose About 5 Percent In 2016, FBI Report Says|url=https://www.huffingtonpost.com/entry/fbi-hate-crimes-report-2016_us_5a08c795e4b01d21c83f46ac|newspaper=The Huffington Post|access-date=14 November 2017|date=13 November 2017}}</ref><ref>{{cite web|title=2016 Hate Crime Statistics|url=https://ucr.fbi.gov/hate-crime/2016/topic-pages/incidentsandoffenses|publisher=FBI|access-date=14 November 2017}}</ref> The Khalid Jabara-Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act (NO HATE), which was first introduced in 2017, was reintroduced in June 2019 to improve hate crime reporting and expand support for victims as a response to anti-LGBTQ, anti-Muslim and antisemitic attacks. The bill would fund state hate-crime hotlines, and support expansion of reporting and training programs in law enforcement agencies.<ref>{{Cite web|url=https://religionnews.com/2019/06/28/civil-rights-advocates-victims-families-urge-support-for-new-hate-crime-reporting-bill/|title=Civil rights advocates, victims' families urge support for new hate crime reporting bill|date=28 June 2019|website=Religion News Service|language=en-US|access-date=29 June 2019}}</ref> According to a 2021 study, in the years between 1992 and 2014, white people were the offenders in 74.5 percent of anti-Asian hate crimes, 99 percent of anti-black hate crimes, and 81.1 percent of anti-Hispanic hate crimes.<ref>{{Cite journal|last1=Zhang|first1=Yan|last2=Zhang|first2=Lening|last3=Benton|first3=Francis|date=2021-01-07|title=Hate Crimes against Asian Americans|journal=American Journal of Criminal Justice|volume=47 |issue=3 |pages=441–461|doi=10.1007/s12103-020-09602-9|issn=1066-2316|pmc=7790522|pmid=33437139}}</ref> =====Victims in the United States===== One of the largest waves of hate crimes in the [[history of the United States]] took place during the [[civil rights movement]] in the 1950s and 1960s. Violence and threats of violence were common against [[African Americans]], and hundreds of people died due to such acts. Members of this [[ethnic group]] faced violence from [[Hate groups|groups]] such as the [[Ku Klux Klan]], as well as violence from individuals who were committed to maintaining [[Racial segregation in the United States|segregation]].<ref>{{cite web |title=Segregation in America |url=https://eji.org/reports/segregation-in-america/ |website=Equal Justice Initiative |access-date=26 May 2020 |date=2018}}</ref> At the time, civil rights leaders such as [[Martin Luther King Jr.]] and their supporters fought hard for the right of African Americans to vote, as well as for equality in their everyday lives. African Americans have been the target of hate crimes since the [[American Civil War|Civil War]],<ref name="americansperspective.com">{{cite news|url=http://americansperspective.com/10-of-the-worst-hate-crimes-and-violence-in-domestic-american-history/|title=10 Of The Worst Hate Crimes and Violence in Domestic American History|date=22 June 2015|newspaper=americansperspective.com|access-date=2 December 2016|archive-date=2 December 2016|archive-url=https://web.archive.org/web/20161202101516/http://americansperspective.com/10-of-the-worst-hate-crimes-and-violence-in-domestic-american-history/|url-status=dead}}</ref> and the humiliation of this ethnic group was also desired by many anti-black individuals. Other frequently reported bias motivations were bias against a religion, bias against a particular sexual orientation, and bias against a particular ethnicity or national origin.<ref name="fbi 2010">{{cite web|url=https://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-victims |publisher=[[Federal Bureau of Investigation]]|title=Hate Crime Statistics, 2010|access-date=16 March 2012}}</ref> At times, these bias motivations overlapped, because violence can be both anti-gay and anti-black, for example.<ref>{{cite journal|last=Meyer|first=Doug|title=Evaluating the Severity of Hate-motivated Violence: Intersectional Differences among LGBT Hate Crime Victims|journal=Sociology|year=2010|volume=44|issue=5|pages=980–95|doi=10.1177/0038038510375737|s2cid=145147987}}</ref> There are many terms that victims of hate crimes have been subjected to over the years, especially when it comes to minority groups. The African American population is just one of many groups that have been degraded by society. For example, "coon," "sambo," "pickaninny," "jigaboo," "buck," and "mammy" are all slurs and derogatory terms that have been used throughout history against African Americans. These are all examples of ethnophaulisms, which are racial slurs and terms that are used during or motivate hate crimes against African Americans. Analysts have compared groups in terms of the per capita rate of hate crimes committed against them to allow for differing populations. Overall, the total number of hate crimes committed since the first hate crime bill was passed in 1997 is 86,582.<ref name="The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act">{{cite journal|last1=Shepard|first1=Mathew|last2=Byrd|first2=James Jr.|title=Hate Crimes Law|journal=Human Rights Campaign|date=2011–2014|url=http://www.hrc.org/resources/entry/hate-crimes-law}}</ref> {| class="sortable wikitable" border="1" |+ Hate crimes in the US (2008–2012) by victim population group |- ! rowspan=2 |Population group ! rowspan=2 |Estimated population ! colspan=2 |Hate crimes against (2008–2012)<ref name="FBI Hate Crimes 2008">[http://www2.fbi.gov/ucr/hc2008/data/table_04.html FBI Hate Crimes 2008]. Retrieved 17 May 2014</ref><ref name="FBI Hate Crimes 2009">[http://www2.fbi.gov/ucr/hc2009/data/table_04.html FBI Hate Crimes 2009]. Retrieved 17 May 2014</ref><ref name="FBI Hate Crimes 2010">[https://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/tables/table-4-offenses-offense-type-by-bias-motivation-2010.xls FBI Hate Crimes 2010]. Retrieved 17 May 2014</ref><ref name="FBI Hate Crimes 2011">[https://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/tables/table-4 FBI Hate Crimes 2011]. Retrieved 17 May 2014</ref><ref name="FBI Hate Crimes 2012">[https://www.fbi.gov/about-us/cjis/ucr/hate-crime/2012/tables-and-data-declarations/4tabledatadecpdf/table_4_offenses_offense_type_by_bias_motivation_2012.xls FBI Hate Crimes 2012]. Retrieved 17 May 2014</ref> ! colspan=2 | Violent hate crimes against<ref>Violent hate crimes include: homicide, robbery, aggravated assault, simple assault and sexual assault/rape.</ref> |- ! Total ! Rate (per 100,000 people) ! Total ! Rate (per 100,000 people) |- |[[Jewish American|Jewish]] |5,248,674<ref name="Religious Profile Gallup"/> |4,457 |84.9 |411 |7.8 |- |[[LGBT]] |11,343,000<ref name="LGBT Stats">[https://williamsinstitute.law.ucla.edu/publications/adult-lgbt-pop-us/ Adult LGBT Population in the United States] Retrieved March 2019</ref> |7,231 |66.9 |3,849 |35.6 |- |[[Muslim Americans|Muslim]] |1,852,473<ref name="Religious Profile Gallup">[http://www.gallup.com/poll/159548/identify-christian.aspx In US, 77% Identify as Christian]. Retrieved 17 May 2014</ref> |761 |41.1 |258 |13.9 |- |[[Black American|Black]] |38,929,319<ref name="American Fact Finder">[https://www.census.gov U.S. Census website]. Retrieved 17 May 2014</ref> |13,411 |34.4 |4,356 |11.2 |- |[[Native Americans in the United States|Aboriginal]] |2,932,248<ref name="American Fact Finder"/> |364 |12.4 |161 |5.5 |- |[[Hispanic]] |50,477,594<ref name="American Fact Finder"/> |3,064 |6.1 |1,482 |2.9 |- |[[Asian American|Asian]] and [[Pacific Islander American|Pacific Islander]] |15,214,265<ref name="American Fact Finder"/> |798 |5.2 |276 |1.8 |- |[[White American|White]] |223,553,265<ref name="American Fact Finder"/> |3,459 |1.5 |1,614 |0.7 |- |[[Catholic]] |67,924,018<ref name="PewForumReligion2007to2012">[http://www.pewforum.org/2012/10/09/nones-on-the-rise/ "Nones" on the Rise], Retrieved 17 May 2014</ref> |338 |0.5 |32 |0.0 |- |[[Atheist]] and [[agnostic]] |17,598,496<ref name="PewForumReligion2007to2012"/> |47 |0.3 |5 |0.0 |- |[[Protestant]] |148,197,858<ref name="PewForumReligion2007to2012"/> |229 |0.2 |17 |0.0 |} Among the groups which are mentioned in the [[Hate Crime Statistics Act|Hate Crimes Statistics Act]], the largest number of hate crimes are committed against African Americans.<ref name="Reports and Curricula">{{Cite news|url=http://www.civilrights.org/publications/reports/cause_for_concern/p8.html?referrer=https://www.google.com/|title=Reports and Curricula|newspaper=The Leadership Conference on Civil and Human Rights|access-date=2 December 2016|archive-url=https://web.archive.org/web/20161202170025/http://www.civilrights.org/publications/reports/cause_for_concern/p8.html?referrer=https%3A%2F%2Fwww.google.com%2F|archive-date=2 December 2016|url-status=dead}}</ref> During the Civil Rights Movement, some of the most notorious hate crimes included the 1968 [[assassination of Martin Luther King Jr.]], the 1964 murders of Charles Moore and Henry Dee, the 1963 [[16th Street Baptist Church bombing]], the 1955 murder of [[Emmett Till]],<ref name="americansperspective.com"/> and the burning of crosses, churches, [[Judaism|Jewish]] [[synagogue]]s, and other places of worship of minority religions. Such acts began to take place more frequently after the [[racial integration]] of many schools and public facilities.<ref name="Reports and Curricula"/> Since then, hate crimes targeting Jews have risen sharply, as in 2023, Antisemitic hate crimes increased by 63% to an all time high of 1,832 incidents in the United States.<ref name="autogenerated1622">{{Cite web |author=ToI Staff |title=Antisemitic hate crimes in US surged 63% in 2023, to all-time high of 1,832 – FBI |url=https://www.timesofisrael.com/antisemitic-hate-crimes-in-us-surged-63-in-2023-to-all-time-high-of-1832-fbi/ |access-date=2024-12-07 |website=www.timesofisrael.com |language=en-US}}</ref> Furthermore, Jews comprise roughly 2% of the American population, but represent 68% of all religion-based hate crimes in the country.<ref>{{Cite web |date=2024-11-25 |title=Community Relations Service {{!}} 2023 FBI Hate Crimes Statistics |url=https://www.justice.gov/crs/news/2023-hate-crime-statistics |access-date=2024-12-10 |website=www.justice.gov |language=en}}</ref> High-profile murders targeting victims based on their sexual orientation have prompted the passage of hate crimes legislation, notably the cases of [[Sean W. Kennedy]] and [[Matthew Shepard]]. Kennedy's murder was mentioned by Senator [[Gordon Smith (politician)|Gordon Smith]] in a speech on the floor of the U.S. Senate while he advocated such legislation. The [[Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act]] was signed into law in 2009. It included sexual orientation, gender identity and expression, disably status, and military personnel and their family members.<ref>{{cite web|title=The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act Of 2009 {{!}} CRT |publisher=Department of Justice|url=https://www.justice.gov/crt/matthew-shepard-and-james-byrd-jr-hate-crimes-prevention-act-2009-0|access-date=29 March 2017|date=6 August 2015}}</ref><ref>{{Cite web|url=https://www.justice.gov/crt/hate-crime-laws|title=Hate Crime Laws|date=July 7, 2016|publisher=Department of Justice}}</ref> This is the first all-inclusive bill ever passed in the United States, taking 45 years to complete.{{clarify|reason="all-inclusive" how/45 years how?|date=June 2013}} Gender-based crimes may also be considered hate crimes. This view would designate [[rape]] and [[domestic violence]], as well as non-interpersonal violence against women such as the [[École Polytechnique massacre]] in [[Quebec]], as hate crimes.<ref>{{Cite book |chapter-url=https://books.google.com/books?id=2YdCbgXjr-EC&pg=PA405 |chapter=Hate Crime Statutes: A Promising Tool for Fighting Violence Against Women |first=Marguerite |last=Angelari |title=Pornography, Sex Work, and Hate Speech |editor=Karen J. Maschke |publisher=Taylor & Francis |year=1997|isbn=9780815325208 }}</ref><ref>{{Cite book |url=https://books.google.com/books?id=DiBIZcx1nPcC&pg=PA58 |title=Hate Crimes: Causes, Controls, and Controversies |first=Phyllis B. |last=Gerstenfeld |year=2013 |publisher=Sage|isbn=9781452256627 }}</ref><ref>{{Cite book |chapter-url=https://books.google.com/books?id=2ZNnXj_SbOsC&pg=PA271 |title=Hate and Bias Crime: A Reader |editor=Barbara Perry |year=2003 |publisher=Psychology Press |first=Beverly |last=McPhail |chapter=Gender-Bias Hate Crimes: A Review|isbn=9780415944076 }}</ref> Following the September 11, 2001, terrorist attacks, the United States experienced a spike in overall hate crimes against Muslim individuals. In the year before, only 28 events had been recorded of hate crimes against Muslims; in 2001, this number jumped to 481. While the number decreased in the following years, the number of Muslim hate crimes remains higher than pre-2001.<ref>{{Cite web|last=Kuek Ser|first=Kuang Keng|title=Data: Hate Crimes Against Muslims Increased after 9/11|date=8 September 2016 |url=http://www.pri.org/stories/2016-09-12/data-hate-crimes-against-muslims-increased-after-911|archive-url=https://web.archive.org/web/20160913031133/http://www.pri.org/stories/2016-09-12/data-hate-crimes-against-muslims-increased-after-911|archive-date=September 13, 2016|url-status=live|access-date=16 March 2021}}</ref> After the beginning of the [[Gaza war]] on October 7th, 2023, hate crimes began to increase once again due to the United States allyship with Israel. Palestinian-Americans became a target for hate crimes and were blamed for the conflict leading to violence, including in the case of the [[Murder of Wadea al-Fayoume]], a 6-year-old Palestinian-American boy killed by a white man who was motivated by anti-Muslim extremism. In May 2018, ''[[ProPublica]]'' reviewed police reports for 58 cases of purported anti-heterosexual hate crimes. ''ProPublica'' found that about half of the cases were anti-LGBT hate crimes that had been miscategorized, and that the rest were motivated by hate towards Jews, blacks or women or that there was no element of a hate crime at all. ''ProPublica'' did not find any cases of hate crimes spurred by anti-heterosexual bias.<ref>{{Cite web|url=https://www.propublica.org/article/police-are-mislabeling-crimes-as-anti-heterosexual-hate-crimes|title=Police Are Mislabeling Anti-LGBTQ and Other Crimes as Anti-Heterosexual|date=15 May 2018|website=ProPublica|first1=Rachel|last1=Glickhouse|first2=Rahima|last2=Nasa|access-date=21 May 2018}}</ref> Hate crimes against Asian Americans have deep roots in U.S. history and are often fueled by harmful stereotypes like the “Yellow Peril” and the “Model Minority” myth. The “Yellow Peril” stereotype paints Asians as a threat to Western society, and it's been used to justify exclusion, discrimination, and violence for more than a century. The “Model Minority” myth, on the other hand, portrays Asian Americans as quiet, hardworking, and universally successful, ignoring the real struggles many face and driving a wedge between them and other communities of color. Both stereotypes resurfaced in dangerous ways during the COVID-19 pandemic, when Asian Americans were unfairly blamed for the virus. As a result, hate crimes spiked across the country. Many people were verbally harassed, spat on, or physically attacked, especially elderly individuals in public spaces. Asian-owned businesses were vandalized, and people reported being targeted just for speaking their native language or wearing a mask. These acts weren’t random, they were shaped by long-standing biases that became more visible during a time of fear and uncertainty. ====== Anti-trans hate crime ====== In 2017, shortly after President [[Donald Trump]] took office, hate crimes against [[transgender]] individuals increased.<ref>{{Cite web |title=Trump's Timeline of Hate |url=https://www.hrc.org/resources/trumps-timeline-of-hate |access-date=2024-11-07 |website=HRC |language=en-US}}</ref> In June 2020, after the death of several African Americans at the hands of police officers – in particular, [[George Floyd]] – triggered protests around the world as part of the [[Black Lives Matter]] movement,<ref>{{Cite news|last1=Buchanan|first1=Larry|last2=Bui|first2=Quoctrung|last3=Patel|first3=Jugal K.|date=2020-07-03|title=Black Lives Matter May Be the Largest Movement in U.S. History|language=en-US|work=The New York Times|url=https://www.nytimes.com/interactive/2020/07/03/us/george-floyd-protests-crowd-size.html|access-date=2021-05-01|issn=0362-4331}}</ref> hate crimes against the black trans community began to increase.<ref>{{Cite news|last1=Paz|first1=Isabella Grullón|last2=Astor|first2=Maggie|date=2020-06-27|title=Black Trans Women Seek More Space in the Movement They Helped Start|language=en-US|work=The New York Times|url=https://www.nytimes.com/2020/06/27/us/politics/black-trans-lives-matter.html|access-date=2021-05-01|issn=0362-4331}}</ref> ===South America=== {{further|Social cleansing}} ====Brazil==== In [[Brazil]], hate crime laws focus on [[racism]], racial [[Personal injury|injury]], and other special bias-motivated crimes such as, for example, murder by [[death squad]]s<ref>{{cite web|url=http://www.planalto.gov.br/ccivil_03/Leis/L8072.htm|title=L8072|website=www.planalto.gov.br}}</ref> and [[genocide]] on the grounds of [[nationality]], ethnicity, race or religion.<ref>{{cite web|url=http://www.planalto.gov.br/ccivil_03/Leis/L2889.htm|title=L2889|website=www.planalto.gov.br}}</ref> Murder by death squads and genocide are legally classified as "hideous crimes" ({{Lang|pt|crimes hediondos}} in Portuguese).<ref>Law 8072/1990 (aforementioned link), Article 1st, I and single paragraph.</ref> The crimes of racism and racial injury, although similar, are enforced slightly differently.<ref>{{cite web|url=http://www.boletimjuridico.com.br/doutrina/texto.asp?id=662 |title=Racismo ou injúria racial? - Boletim Jurídico |publisher=Boletimjuridico.com.br |access-date=21 January 2013}}</ref> Article 140, 3rd paragraph, of the [[Penal Code]] establishes a harsher penalty, from a minimum of one year to a maximum of three years, for injuries motivated by "elements referring to race, color, [[ethnicity]], [[religion]], origin, or the condition of being an aged or [[disability|disabled person]]".<ref>{{cite web|url=http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del2848compilado.htm |title=DEL2848compilado |publisher=Planalto.gov.br |access-date=21 January 2013}}</ref> On the other side, Law 7716/1989 covers "crimes resulting from [[discrimination]] or [[prejudice]] on the grounds of race, color, ethnicity, religion, or national origin".<ref>{{cite web|url=http://www.planalto.gov.br/ccivil_03/Leis/L7716.htm |title=L7716 |publisher=Planalto.gov.br |access-date=21 January 2013}}</ref> In addition, the Brazilian Constitution defines as a "fundamental goal of the Republic" (Article 3rd, clause IV) "to promote the well-being of all, with no prejudice as to [[nationality|origin]], race, sex, color, age, and any other forms of discrimination".<ref>{{cite web| url = http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao_Compilado.htm| url-status = dead| archive-url = https://web.archive.org/web/20071012234154/http://www.planalto.gov.br/ccivil_03/Constituicao/Constitui%C3%A7ao_Compilado.htm| archive-date = 2007-10-12| title = Constitui o-Compilado}}</ref> ====Chile==== In 2012, the Anti-discrimination law amended the Criminal Code adding a new aggravating circumstance of criminal responsibility, as follows: "Committing or participating in a crime motivated by ideology, political opinion, religion or beliefs of the victim; nation, race, ethnic or social group; sex, [[sexual orientation]], [[gender identity]], age, affiliation, personal appearance or suffering from illness or disability."<ref>{{cite web|url=https://www.leychile.cl/Navegar?idNorma=1984|title=COD-PENAL 12-NOV-1874 MINISTERIO DE JUSTICIA - Ley Chile - Biblioteca del Congreso Nacional|website=www.leychile.cl|date=12 November 1874}}</ref><ref>{{cite web|url=https://www.leychile.cl/Navegar?idNorma=1042092|title=LEY-20609 24-JUL-2012 MINISTERIO SECRETARÍA GENERAL DE GOBIERNO - Ley Chile - Biblioteca del Congreso Nacional|website=www.leychile.cl|date=24 July 2012}}</ref> ===Middle East=== Israel is the only country in the Middle East that has hate crime laws.{{citation needed|date=July 2020}} Hate crime, as passed by the Israeli [[Knesset]] (Parliament), is defined as crime for reason of race, religion, gender and sexual orientation. ===Oceania=== Australia within February 2025, passed comprehensive and extensive legislation on hate crimes at a federal governmental level.<ref>{{cite web | url=https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7240 | title=Bills Search Results }}</ref>
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